In what circumstances will competent counsel be able to provide mitigating evidence in a murder case?

California, United States of America

The following excerpt is from In re Welch, 189 Cal.Rptr.3d 179, 351 P.3d 306, 61 Cal.4th 489 (Cal. 2015):

In Rompilla v. Beard (2005) 545 U.S. 374, 125 S.Ct. 2456, 162 L.Ed.2d 360, the defendant had tortured his murder victim and had suffered a number of prior felony convictions involving the use or threat of violence. Against this considerable aggravating evidence, the mitigating evidence consisted of brief testimony from family members pleading for mercy and arguing lingering doubt. (Id. at p. 378, 125 S.Ct. 2456.) The high court determined that competent counsel would have uncovered

[189 Cal.Rptr.3d 202]

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